The court directed the release of the gold chain, citing the absence of a proper hearing or show cause notice
The Delhi High Court has ordered the Customs Department to release a gold chain detained from an NRI traveler arriving from the United Arab Emirates. The court ruled that the customs authorities failed to provide a Show Cause Notice (SCN) or grant a proper hearing to the petitioner, Rahul Vattamparambil Remesh. The bench, comprising Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta, found the imposed penalty and re-export fee unsustainable, as the gold chain was clearly personal jewelry, reported taxscan.in.
Rahul Vattamparambil Remesh, an Indian citizen working in the UAE, filed the petition under Article 226 of the Indian Constitution. He had arrived at Terminal-3 of IGI Airport, New Delhi, to attend a wedding ceremony. Despite presenting the wedding invitation as evidence, customs officials detained his 32-gram gold chain on April 9, 2024.
The court criticized the Customs Department for its procedural lapses and directed the release of the gold chain within four weeks
The court expressed dissatisfaction with the Customs Department’s handling of the case, highlighting frequent issues where standing counsels either fail to appear or are ill-prepared. This inefficiency, the bench noted, results in a significant waste of judicial time.
The contested ruling required the petitioner to pay Rs. 25,000 for re-export and a Rs. 20,000 penalty to reclaim his gold chain. However, the court found the order invalid, stating that the customs authorities had denied the petitioner his right to a fair hearing and a formal show cause notice.
The court instructed the Customs Department to release the gold chain within four weeks. The petitioner or an authorized representative can collect the item upon identity verification.
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